[Senate Executive Report 110-13]
[From the U.S. Government Publishing Office]
110th Congress Exec. Rept.
SENATE
2d Session 110-13
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MUTUAL LEGAL ASSISTANCE TREATIES
WITH THE EUROPEAN UNION
_______
September 11, 2008.--Ordered to be printed
_______
Mr. Dodd, from the Committee on Foreign Relations,
submitted the following
REPORT
[To accompany Treaty Docs. 107-12, 109-13, 110-11, and 110-12]
The Committee on Foreign Relations, to which was referred
the Agreement on Mutual Legal Assistance between the United
States of America and the European Union, signed at Washington
on June 25, 2003 (Treaty Doc. 109-13), together with 27
bilateral instruments subsequently signed with the Republic of
Austria on July 20, 2005 (Treaty Doc. 109-13), the Kingdom of
Belgium on December 16, 2004 (Treaty Doc. 109-13), the Republic
of Bulgaria on September 19, 2007 (Treaty Doc. 110-12), the
Republic of Cyprus on January 20, 2006 (Treaty Doc. 109-13),
the Czech Republic on May 16, 2006 (Treaty Doc. 109-13), the
Kingdom of Denmark on June 23, 2005 (Treaty Doc. 109-13), the
Republic of Estonia on February 8, 2006 (Treaty Doc. 109-13),
the Republic of Finland on December 16, 2004 (Treaty Doc. 109-
13), France on September 30, 2004 (Treaty Doc. 109-13), the
Federal Republic of Germany on April 18, 2006 (Treaty Doc. 109-
13), the Hellenic Republic on January 18, 2006 (Treaty Doc.
109-13), the Republic of Hungary on November 15, 2005 (Treaty
Doc. 109-13), Ireland on July 14, 2005 (Treaty Doc. 109-13),
the Italian Republic on May 3, 2006 (Treaty Doc. 109-13), the
Republic of Latvia on December 7, 2005 (Treaty Doc. 109-13),
the Republic of Lithuania on June 15, 2005 (Treaty Doc. 109-
13), the Grand Duchy of Luxembourg on February 1, 2005 (Treaty
Doc. 109-13), Malta on May 18, 2006 (Treaty Doc. 109-13), the
Kingdom of the Netherlands on September 29, 2004, with a
related exchange of notes signed the same date (Treaty Doc.
109-13), the Republic of Poland on June 9, 2006 (Treaty Doc.
109-13), the Portuguese Republic on July 14, 2005 (Treaty Doc.
109-13), Romania on September 10, 2007 (Treaty Doc. 110-11),
the Slovak Republic on February 6, 2006 (Treaty Doc. 109-13),
the Republic of Slovenia on October 17, 2005 (Treaty Doc. 109-
13), the Kingdom of Spain on December 17, 2004 (Treaty Doc.
109-13), the Kingdom of Sweden on December 16, 2004 (Treaty
Doc. 109-13), and the United Kingdom of Great Britain and
Northern Ireland on December 16, 2004, with a related exchange
of notes signed the same date (Treaty Doc. 109-13), along with
the Treaty between the Government of the United States of
America and the Government of Sweden on Mutual Legal Assistance
in Criminal Matters, signed at Stockholm on December 17, 2001
(the ``2001 Swedish MLAT'') (Treaty Doc. 107-12), having
considered the same, reports favorably thereon with one
declaration made with respect to each treaty, as indicated in
the resolutions of advice and consent and recommends that the
Senate give its advice and consent to ratification thereof, as
set forth in this report and the accompanying resolutions of
advice and consent.
CONTENTS
Page
I. Purpose..........................................................2
II. Background and Summary...........................................2
III. Major Provisions.................................................4
IV. Bilateral Instruments With 27 EU Member States...................8
V. Entry Into Force.................................................9
VI. Implementing Legislation........................................10
VII. Committee Action................................................10
VIII.Committee Recommendation and Comments...........................10
IX. Resolutions of Advice and Consent to Ratification...............11
I. Purpose
The purpose of these treaties, of which there are 29, is to
modernize, strengthen, and expand on the U.S. mutual legal
assistance relationship with the European Union (the ``EU'')
and its Member States.
II. Background and Summary
In order for the United States to successfully prosecute
criminal activity that is transnational in scope, it is often
necessary to obtain evidence or testimony from a witness in
another country. While U.S. federal courts may issue subpoenas
to U.S. nationals overseas, they lack the authority to subpoena
foreign nationals found in other countries or the authority to
subpoena evidence in a foreign country. In addition,
effectuating service of a subpoena to U.S. persons abroad may
prove difficult.
In the absence of an applicable international agreement,
the customary method for obtaining evidence or testimony in
another country is via a ``letter rogatory,'' which tends to be
an unreliable and time-consuming process. A ``letter rogatory''
is generally used to refer to a formal communication in writing
that is sent by a court in which an action is pending to a
court in a foreign country, requesting that certain evidence or
the testimony of a person within the latter's jurisdiction be
formally obtained for use in the requesting court's pending
action. The State Department advises that the letter-rogatory
process can often take a year or more and, unless undertaken
pursuant to an international agreement, compliance is a matter
of judicial discretion. Furthermore, the scope of foreign
judicial assistance might also be limited by domestic
information-sharing laws, such as bank and business secrecy
laws, or be confined to evidence relating to pending cases
rather than preliminary, administrative, or grand jury
investigations conducted prior to the filing of formal charges.
Mutual Legal Assistance Treaties (``MLATs'') are generally
designed to overcome these problems.
MLATs are international agreements that establish a formal,
streamlined process by which States may gather information and
evidence in other countries for use in criminal investigations
and prosecutions. While the specific provisions of MLATs vary,
they generally obligate treaty partners to take steps on behalf
of a requesting treaty partner when certain conditions are met.
MLATs typically contain provisions concerning the sharing of
collected information between parties, locating and identifying
persons and potential witnesses within the parties'
territories, the taking of depositions and witness testimony,
and the serving of subpoenas duces tecum on behalf of a
requesting treaty party.\1\ Such provisions provide for the
easier acquisition of evidence and testimony than via letters
rogatory and do so in a manner designed to be compatible with
the admissibility requirements of the requesting State's
courts. MLATs also typically contain provisions concerning the
allocation of costs between parties, the form and content of
requests for legal assistance, the designation of national law
enforcement agencies or officials responsible for treaty
administration, and the grounds for which a treaty party may
refuse to provide legal assistance. Increasingly, MLATs have
been used as a tool to combat terrorism.
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\1\A subpoena duces tecum is a specific form of subpoena, also
called a ``subpoena for the production of evidence.'' It is a subpoena
issued by a court ordering the parties named to appear and to produce
tangible evidence for use at a hearing or trial.
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The framework agreement on mutual legal assistance with the
EU (the ``EU Framework Agreement'') requires EU Member States
to amend and supplement their existing MLATs with the United
States to include certain modern provisions on mutual legal
assistance, if they have not already done so. If the United
States has no existing MLAT with an EU Member State, that
Member State is obligated to apply the provisions of the EU
Framework Agreement through a new instrument, which would
constitute a partial MLAT, in the sense that the instrument
would include some, but not all, of the provisions generally
found in a standard MLAT. The EU Framework Agreement
additionally provides for enhanced cooperation on law
enforcement matters between the United States and the European
Union itself.
In addition to an MLAT with Sweden, which was concluded
prior to the EU Framework Agreement, there are 27 bilateral
instruments covered by this report--one with every country in
the EU, including Sweden. These 27 bilateral instruments
effectively implement the EU Framework Agreement. Consistent
with the EU Framework Agreement these instruments, if ratified,
would create a new, albeit partial, treaty-based mutual legal
assistance relationship with seven EU countries (Bulgaria,
Denmark, Finland, Malta, Portugal, Slovakia, and Slovenia) with
which we currently have no bilateral treaty-based mutual legal
assistance relationship and would modernize the MLATs that the
United States has already concluded with the remaining 20 EU
countries (Austria, Belgium, Cyprus, Czech Republic, Estonia,
France, Germany,\2\ Greece, Hungary, Ireland,\3\ Italy, Latvia,
Lithuania, Luxembourg, Poland, Romania, Spain, Sweden,\4\ the
Netherlands, and the United Kingdom).
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\2\ On October 14, 2003, the United States signed the Treaty
between the United States of America and the Federal Republic of
Germany on Mutual Legal Assistance in Criminal Matters. See Treaty Doc.
108-27. This treaty was approved by the Senate on July 27, 2006, Exec.
Rept. 109-14, but the executive branch has not yet exchanged with
Germany the instruments of ratification. The committee has been
informed that the executive branch intends to exchange the instruments
and bring the treaty into force if and when these treaties are approved
by the Senate.
\3\On January 18, 2001, the United States signed the Agreement
between the Government of the United States of America and the
Government of Ireland on Mutual Legal Assistance in Criminal Matters.
See Treaty Doc. 107-9. This treaty was approved by the Senate on
November 14, 2002, Exec. Rept. 107-15, but the executive branch has not
yet exchanged with Ireland the instruments of ratification. The
committee has been informed that the executive branch intends to
exchange the instruments and bring the treaty into force if and when
the treaties discussed in this report are approved by the Senate.
\4\On December 17, 2001, the United States signed the Treaty
between Government of the United States of America and the Kingdom of
Sweden on Mutual Legal Assistance in Criminal Matters (Treaty Doc. 107-
12) (the ``2001 Swedish MLAT''). Along with the other instruments
covered by this report, the 2001 Swedish MLAT was ordered favorably
reported by the committee on July 29, 2008. If ratified along with the
2004 bilateral instrument with Sweden contained in Treaty Document 109-
13, the 2001 Swedish MLAT will be amended by the 2004 instrument and
thereby brought into conformance with the EU Framework Agreement.
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III. Major Provisions
A detailed paragraph-by-paragraph analysis of these
treaties may be found in the Letters of Submittal from the
Secretary of State to the President on these instruments, which
are reprinted in full in Treaty Documents 107-12, 109-13, 110-
11, and 110-12. What follows is a brief summary of some of the
key provisions that would be incorporated into our bilateral
treaty relationships with every EU Member State if not already
incorporated through existing treaties, pursuant to the EU
Framework Agreement.
Financial Information
Bilateral MLATs between the United States and EU Member
States do not currently contain provisions that provide for the
identification of bank accounts and financial transactions of a
person suspected of criminal activity. Law enforcement
authorities in the United States and EU Member States have been
hesitant to share such information during the course of a
criminal investigation in the absence of an express obligation.
That obligation would now be provided through the EU Framework
Agreement consistent with recent changes in the law of the EU
and the United States, and subject to certain limitations and
guidelines designed to ensure that such information is
requested and shared in a responsible way.
Article 4 of the EU Framework Agreement requires the
requested State to ascertain if any banks in its territory
possess information on whether a person suspected or charged
with a criminal offense is the holder of a bank account. States
may, however, limit their obligation to provide such assistance
to: 1) offenses punishable under the laws of both the requested
and requesting States; 2) offenses punishable by a penalty
involving deprivation of liberty or a detention order of a
maximum period of at least four years in the requesting State
and at least two years in the requested State; or 3) designated
serious offenses punishable under the laws of both the
requested and requesting States.\5\ In every bilateral
instrument with an EU Member State, the assistance to be
provided by the United States pursuant to Article 4 is
consistently limited to requests that relate to terrorist and
money laundering activity punishable in both the requesting
State and the United States and to such criminal activity as
may subsequently be agreed upon between the parties. Many, but
not all, EU Member States have similarly limited the provision
of their assistance to match the U.S. limitation.\6\
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\5\ See Article 4(4) of the EU Framework Agreement.
\6\ See, e.g., the bilateral instrument with France, which states
that ``France shall not invoke Article 4, paragraph 4, of the U.S.-EU
Mutual Legal Assistance Agreement to limit the extent of its obligation
to provide assistance.''
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Article 4 does not obligate parties to share, for example,
the contents of a suspected account or the details of a
relevant financial transaction. The procurement of such
information would generally be controlled by an applicable
bilateral MLAT between the requesting and requested State or,
in the absence thereof, the requested State's domestic law.
Moreover, all requests for information concerning accounts or
transactions under Article 4(1) must include: 1) the identity
of the person about which the request is being made; 2)
sufficient information to enable the competent authority of the
requested State to: a) reasonably suspect that the person
concerned has engaged in a criminal offense and that banks or
non-bank financial institutions in the territory of the
requested State may have the information requested; and b)
conclude that the information sought relates to the criminal
investigation or proceeding; and 3) to the extent possible,
information concerning which bank or non-bank financial
institution may be involved, and other information the
availability of which may aid in reducing the breadth of the
inquiry.
In response to committee questions regarding how this
provision would be relied on in practice, the Department of
Justice explained as follows:
U.S. agents conducting a criminal investigation in
the United States may learn that subjects of the
investigation are using banks or other financial
institutions to further their illegal activities, but
may not know which foreign banks or institutions and
which accounts are being used. To further the
investigation, the agents would prepare a request
directed to an appropriate EU Member State, transmitted
through one of the designated U.S. law enforcement
agencies (FBI, DEA or ICE), requesting information as
to whether the subject of the investigation maintains
accounts at, or has conducted financial transactions
unrelated to accounts through, banks or financial
institutions in the EU Member State.
The request for information would specify the
identity of the subject and the nature of the
investigation. If the request is directed to an EU
Member State that has limited the scope of its
assistance under this provision to terrorism and money
laundering offenses (to correspond with the limits of
U.S. assistance in reciprocal cases) then the U.S.
request must relate to an investigation into terrorism
or money laundering activities. If the request is
directed to an EU Member State that has defined its
obligations to assist more broadly, then the U.S.
investigation may be related to a broader scope of
criminal conduct, as permitted by the agreement with
that particular EU Member State. The request would also
provide factual information concerning the
investigation sufficient to lead the competent
authority in the EU Member State to reasonably suspect
that the subject of the investigation has engaged in
the criminal activity under investigation, that the
information sought relates to the matter under
investigation and that the banks or financial
institutions in the requested state may have the
information sought. To assist the EU Member State to
narrow the breadth of the inquiry, the U.S. request
would provide any specific information available to
investigators that identifies the relevant banks or
financial institutions or the transactions at issue.
If the EU Member State concludes that it is
appropriate and possible to comply with the request, it
would undertake an inquiry through its financial sector
to retrieve the information sought and respond to the
request by either confirming that the suspected
transactions took place or that the suspected accounts
exist. They may also provide information identifying
the specific banks where the accounts are held, the
name of account holders and the corresponding account
numbers. No records of accounts or transactions would
be provided pursuant to this process. Because the
response received would only be information concerning
the existence of relevant accounts or transactions and
not records themselves, if the U.S. agents and
prosecutors conducting the investigation conclude that
the information is relevant and probative, they would
prepare a formal mutual legal assistance request
seeking the production of certified copies of the
relevant banking or financial records, so that the
records may be used at trial. This request for record
production would be submitted through the usual mutual
legal assistance channels in place between the United
States and the particular EU Member State (i.e.,
through the applicable Mutual Legal Assistance Treaty
(MLAT) or by letter rogatory, if no MLAT is in force).
The MLAT or letter rogatory request would be reviewed
by the competent authority in the requested state to
determine whether the request meets the legal standards
for the production of the records sought. It is the
certified copies of the records received through the
MLAT process, rather than the information received
through article 4 of the US/EU Mutual Legal Assistance
Agreement, that will be used to prosecute a defendant.
Joint Investigative Teams
In accordance with Article 5 of the EU Framework Agreement
and as incorporated into the bilateral instruments, States
would be authorized to create and operate joint investigative
teams, comprised of investigating authorities from treaty
partner countries for the purpose of facilitating criminal
investigations or prosecutions involving one or more EU Member
States and the United States where deemed appropriate by the
relevant parties. This mechanism would significantly expand
formal police-to-police contact between the parties and would
improve a State's ability to work together directly with
foreign counterparts to gather evidence and conduct
investigations in another party's territory.
Facilitating Video Testimony
Article 6 of the EU Framework Agreement requires the
European Union and the United States to take measures to
facilitate the taking of video testimony of experts and
witnesses located in a requested State in proceedings for which
mutual legal assistance is available.\7\ Obtaining the
testimony of an individual located in another State through
video conferencing may be easier and cheaper than having that
person come to testify in the requesting State. Moreover, if
the individual cannot appear in person in the requesting State,
the only practical alternative available that would permit the
testimony to be heard may be by video conferencing.
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\7\ Article 6 does not require States to accept video testimony in
a proceeding. Article 6 simply provides that Parties ``shall take such
measures as may be necessary to enable the use of video transmission
technology between the United States of America and each Member State
for taking testimony in a proceeding for which mutual legal assistance
is available.''
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Article 6(4) of the EU Framework Agreement additionally
specifies that States are obligated to impose criminal
penalties for intentionally false statements made during video
conference testimony in their territories in the same manner as
if such statements had been made in their domestic
proceedings.\8\ This obligation is without prejudice to the
requesting State also criminalizing such conduct.
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\8\ The United States already does this. See the State
Department's Letter of Submittal in Treaty Doc. 109-13 at XIII. In
brief, any case in which the United States has been requested to
facilitate the taking of video testimony from a witness or expert
located in the United States on behalf of a foreign country is a U.S.
proceeding and under U.S. law, penalties for perjury, obstruction of
justice or contempt of court are applicable.
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Modern Technology
Article 7 of the EU Framework Agreement serves to expedite
communications related to legal assistance. With these treaties
in force, States Parties would be authorized to use modern
technology (such as fax and e-mail) in making requests for
legal assistance in order to expedite the transmission of
requests, so long as a formal confirmation follows when
required by the requested State.\9\ Typically requests for
mutual legal assistance must be made formally (i.e., by
presentation of the signed written document), a requirement
that is frequently inefficient, particularly if there is an
urgent need for legal assistance.
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\9\ See Article 7 of the EU Framework Agreement.
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Legal Assistance to Administrative Authorities
Most existing MLATs provide for legal cooperation between
States Parties' national law enforcement authorities
responsible for the investigation and prosecution of criminal
activities, but do not establish a clear obligation to assist
States Parties' administrative or regulatory authorities.
Article 8 represents an expansion of this general practice,
permitting legal assistance to be provided to a requesting
State's national administrative authorities which, acting under
specific administrative or regulatory authority, are
investigating conduct with a view to 1) criminal prosecution or
2) referral for criminal investigation or prosecution.
By providing for mutual legal assistance to administrative
agencies that are investigating conduct with a view towards
referring it to the appropriate law enforcement authorities,
the EU Framework Agreement enables mutual legal assistance to
be given at an earlier stage in a criminal investigation than
would otherwise be possible under many bilateral MLATs. The
United States and the EU are, however, required to take
measures to avoid the imposition of ``extraordinary burdens''
upon requested States through the application of Article 8.
This development would provide significant advantages to
U.S. regulatory authorities, including the Securities and
Exchange Commission, the Commodities Futures Trading
Commission, and the Federal Trade Commission, which have
statutory authority to conduct investigations with a view to
subsequent referral to the Department of Justice for criminal
prosecution.
Subsequent Use of Information
Legal assistance acquired through MLATs typically is used
for the purpose of ongoing criminal investigations and
prosecutions. On occasion, a State may make its assistance
contingent upon any evidence obtained by a requesting State
being used only for particular purposes, such as a specific
criminal investigation. There have also been concerns that data
privacy regimes might inappropriately create impediments to
legal assistance.
Article 9(1) of the EU Framework Agreement permits the
requesting State to use evidence or information it has obtained
from the requested State for a fairly broad list of purposes:
1) its criminal investigations and proceedings; 2) for
preventing an immediate and serious threat to its public
security; 3) for non-criminal judicial or administrative
proceedings directly related to its criminal investigations; 4)
for non-criminal judicial or administrative proceedings for
which assistance was provided under Article 8; and 5) for any
other purpose if the information or evidence was made public
within the framework of the proceedings for which it was
transmitted or pursuant to the above permissible uses. Other
uses of the evidence or information require the prior consent
of the requested State. Article 9 does not, however, preclude
the requested State from imposing additional conditions where
the particular request for assistance could not be granted in
the absence of such conditions. Article 9 further provides that
generic restrictions with respect to the legal standards in the
requesting State for processing personal data may not be
imposed by the requested State as a condition. Refusal of
assistance on data protection grounds would only be permissible
in exceptional cases when ``upon balancing the important
interests involved in the particular case . . . furnishing the
specific data sought by the requesting State would raise
difficulties so fundamental as to be considered by the
requested State to fall within the essential interests grounds
for refusal.'' \10\
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\10\ EU Framework Agreement, Explanatory Note, Treaty Doc. 109-13
at p. 27.
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IV. Bilateral Instruments With 27 EU Member States
In the same submittal as the EU Framework Agreement, there
are 25 bilateral instruments with EU Member States that amend
existing, or provide new, bilateral MLATs. These include modern
provisions on mutual legal assistance contained in the EU
Framework Agreement described above. The countries covered in
this submittal are as follows: Austria (amending the 1995 MLAT
with Austria);\11\ Belgium (amending the 1988 MLAT with
Belgium);\12\ Cyprus (amending the 1999 MLAT with Cyprus);\13\
Czech Republic (amending the 1998 MLAT with the Czech
Republic);\14\ Denmark; Estonia (amending the 1998 MLAT with
Estonia);\15\ Finland; France (amending the 1998 MLAT with
France);\16\ Germany (amending the 2003 MLAT with Germany,
which the Senate has approved but the executive branch has not
yet brought into force);\17\ Greece (amending the 1999 MLAT
with Greece);\18\ Hungary (amending the 1994 MLAT with
Hungary);\19\ Ireland (amending the 2001 MLAT with Ireland,
which the Senate has approved but the executive branch has not
brought into force);\20\ Italy (amending the 1982 MLAT with
Italy);\21\ Latvia (amending the 1997 MLAT with Latvia);\22\
Lithuania (amending the 1998 MLAT with Lithuania);\23\
Luxembourg (amending the 1997 MLAT with Luxembourg);\24\ Malta;
The Netherlands (amending the 1981 MLAT with the
Netherlands);\25\ Poland (amending the 1996 MLAT with
Poland);\26\ Portugal; Slovak Republic; Slovenia; Spain
(amending the 1990 MLAT with Spain);\27\ Sweden (amending the
2001 MLAT with Sweden, which is also the subject of this
report);\28\ and the United Kingdom (amending the 1994 U.S.-
U.K. MLAT).\29\
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\11\Treaty Doc. 104-21.
\12\Treaty Doc. 100-16.
\13\Treaty Doc. 106-35.
\14\Treaty Doc. 105-47.
\15\Treaty Doc. 105-52.
\16\Treaty Doc. 106-17.
\17\Treaty Doc. 108-27.
\18\Treaty Doc. 106-18.
\19\Treaty Doc. 104-20.
\20\Treaty Doc. 107-9.
\21\Treaty Doc. 98-25.
\22\Treaty Doc. 105-34.
\23\Treaty Doc. 105-41.
\24\Treaty Doc. 105-11.
\25\Treaty Doc. 97-16.
\26\Treaty Doc. 105-12.
\27\Treaty Doc. 102-21.
\28\Treaty Doc. 107-12.
\29\Treaty Doc. 104-2.
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The three remaining bilateral EU Member State treaties
covered by this report were submitted to the Senate in separate
treaty documents as follows: 1) The 2001 Swedish MLAT,\30\
which is a fairly comprehensive MLAT with Sweden that will be
amended by the bilateral instrument included in the EU
transmittal as described above; 2) The Protocol to the MLAT
with Romania,\31\ which would amend the 1999 U.S.-Romania MLAT
currently in force;\32\ and 3) The Agreement on Certain Aspects
of Mutual Assistance with Bulgaria.\33\
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\30\Treaty Doc. 107-12.
\31\Treaty Doc. 110-11.
\32\Treaty Doc. 106-20.
\33\Treaty Doc. 110-12.
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V. Entry Into Force
In accordance with Article 18, the EU Framework Agreement
shall enter into force on the first day following the third
month after the date on which the United States and the EU have
exchanged instruments indicating that they have completed their
internal procedures for this purpose. With the exception of the
2001 Swedish MLAT and the supplementary treaty with Germany,
the remaining bilateral instruments with EU Member States shall
enter into force on the date of entry into force of the EU
Framework Agreement. The 2001 Swedish MLAT shall enter into
force on the first day of the second month after the United
States and Sweden exchange the instruments of ratification. The
supplementary treaty with Germany shall enter into force on the
date of entry into force of the 2003 MLAT with Germany.
VI. Implementing Legislation
These treaties, which are self-executing, will be
implemented by the United States in conjunction with applicable
federal statutes, including 18 U.S.C. Sec. 1782. No additional
legislation is needed for the United States to fulfill its
obligations under these treaties.
VII. Committee Action
The committee held a public hearing on these treaties on
May 20, 2008. Testimony was received from Susan Biniaz, Deputy
Legal Adviser at the Department of State and Bruce Swartz,
Deputy Assistant Attorney General for the Criminal Division at
the Department of Justice. A transcript of this hearing is
annexed to Executive Report 110-12.
On July 29, 2008, the committee considered these treaties
and ordered them favorably reported by voice vote, with a
quorum present and without objection.
VIII. Committee Recommendation and Comments
Countries in the European Union are among the United
States' closest law enforcement partners in efforts to combat
terrorism and transnational crime. MLATs facilitate these
efforts at a time when such cooperation is increasingly
important to the successful prosecution of crimes that threaten
the safety and security of Americans and Europeans. The
Department of Justice has testified to the increasing number
and complexity of mutual legal assistance requests flowing
between the United States and the European Union. These
treaties will enable U.S. cooperation with the EU and its
Member States to be more efficient and effective, as well as
broader in scope. These treaties would also establish a new,
albeit partial, treaty-based mutual legal assistance
relationship with several EU countries with which we currently
have no such relationship. The Committee on Foreign Relations
believes that these treaties, if ratified, would thus
facilitate U.S. efforts in fighting terrorism and transnational
crime. Accordingly, the committee urges the Senate to act
promptly to give advice and consent to ratification of these
treaties, as set forth in this report and the accompanying
resolution of advice and consent.
RESOLUTIONS
The committee has included in each resolution of advice and
consent one declaration, which is the same for each treaty and
is discussed below.
Declaration
In every resolution of advice and consent, the committee
has included a proposed declaration, which states that each
treaty is self-executing. This declaration is consistent with
statements made in the Letters of Submittal from the Secretary
of State to the President on each of these instruments\34\ and
with the historical practice of the committee in approving
mutual legal assistance treaties.\35\ Such a statement, while
usually included in the documents associated with treaties
submitted to the Senate by the executive branch and committee
reports, is not generally included in resolutions of advice and
consent. The committee, however, has determined that a clear
statement in the Resolution is warranted in light of the recent
Supreme Court decision, Medellin v. Texas, 128 S.Ct. 1346
(2008). A further discussion of the committee's views on this
matter can be found in Section VIII of Exec. Rept. 110-12.
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\34\ Treaty Doc. 107-12 at p. V (stating that ``[t]he Treaty is
designed to be self-executing and will not require implementing
legislation.''); Treaty Doc. 109-13 at p. VII (stating that ``[t]he
U.S.-E.U. Mutual Legal Assistance Agreement and bilateral instruments
are regarded as self-executing treaties under U.S. law . . . .'');
Treaty Doc. 110-11 at p. V. (stating that the instrument ``[i]s self-
executing and will not require implementing legislation.''); Treaty
Doc. 110-12 at p. V (stating that the instrument ``[i]s self-executing
and will not require implementing legislation.'').
\35\The committee has consistently expressed the view that mutual
legal assistance treaties are self-executing. See, e.g., Exec. Rept.
107-15 at p. 6 (stating that ``[i]it is anticipated that, for the
United States, the [Mutual Legal Assistance Treaty with Belize] will be
self-executing.''); and Exec. Rept. 109-14 at p. 6 (stating that
``[t]he committee notes that the provisions of the [Mutual Legal
Assistance Treaties with Germany and Japan] are self-executing.'').
Consistent with existing U.S. MLATs, neither the EU Framework Agreement
nor any of the bilateral instruments between the United States and EU
Member States gives rise to a right on the part of any private person
to obtain, suppress, or exclude any evidence, or to impede the
execution of a request, nor expand or limit rights otherwise available
under domestic law.
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XI. Resolutions of Advice and Consent to Ratification
AGREEMENT ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF
AMERICA AND THE EUROPEAN UNION
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Agreement on Mutual Legal Assistance between the United States
of America and the European Union, signed at Washington on June
25, 2003, with a related Explanatory Note (Treaty Doc. 109-13),
subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF AUSTRIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol to the Treaty between the Government of the United
States of America and the Government of the Republic of Austria
on Mutual Legal Assistance Matters signed February 23, 1995, as
contemplated by Article 3(2) of the Agreement on Mutual Legal
Assistance between the United States of America and the
European Union signed June 25, 2003, signed at Vienna on July
20, 2005 (Treaty Doc. 109-13), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF BELGIUM
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the United States of America
and the Kingdom of Belgium on Mutual Legal Assistance in
Criminal Matters signed January 28, 1988, signed at Brussels on
December 16, 2004 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
AGREEMENT ON CERTAIN ASPECTS OF MUTUAL LEGAL ASSISTANCE IN CRIMINAL
MATTERS BETWEEN THE UNITED STATES OF AMERICA AND THE REPUBLIC OF
BULGARIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Agreement on Certain Aspects of Mutual Legal Assistance in
Criminal Matters between the Government of the United States of
America and the Government of the Republic of Bulgaria, signed
at Sofia on September 19, 2007 (Treaty Doc. 110-12), subject to
the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF CYPRUS
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the Government of the United
States of America and the Government of the Republic of Cyprus
on Mutual Legal Assistance in Criminal Matters signed December
20, 1999, signed at Nicosia on January 20, 2006 (Treaty Doc.
109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
SUPPLEMENTARY TREATY ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
BETWEEN THE UNITED STATES OF AMERICA AND THE CZECH REPUBLIC
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Supplementary Treaty on Mutual Legal Assistance in Criminal
Matters between the United States of America and the Czech
Republic, signed at Prague on May 16, 2006 (Treaty Doc. 109-
13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF DENMARK
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument between the Kingdom of Denmark and the United States
of America as contemplated by Article 3(3) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, signed at
Copenhagen on June 23, 2005 (Treaty Doc. 109-13), subject to
the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF ESTONIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the Government of the United
States of America and the Government of the Republic of Estonia
on Mutual Legal Assistance in Criminal Matters signed April 2,
1998, signed at Tallinn on February 8, 2006 (Treaty Doc. 109-
13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE TREATY BETWEEN THE UNITED STATES OF AMERICA AND
THE REPUBLIC OF FINLAND
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Treaty on Certain Aspects of Mutual Legal Assistance in
Criminal Matters between the United States of America and the
Republic of Finland, signed at Brussels on December 16, 2004
(Treaty Doc. 109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND FRANCE
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3, paragraph 2, of the
Agreement on Mutual Legal Assistance between the United States
of America and the European Union signed June 25, 2003, as to
the application of the Treaty on Mutual Legal Assistance in
Criminal Matters between the United States of America and
France signed December 10, 1998, signed at The Hague on
September 30, 2004 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
SUPPLEMENTARY TREATY ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED
STATES OF AMERICA AND THE FEDERAL REPUBLIC OF GERMANY
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Supplementary Treaty to the Treaty between the United States of
America and the Federal Republic of Germany on Mutual Legal
Assistance in Criminal Matters, signed at Washington on April
18, 2006 (Treaty Doc. 109-13), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
PROTOCOL ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF
AMERICA AND THE HELLENIC REPUBLIC
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol to the Treaty between the Government of the United
States of America and the Government of the Hellenic Republic
on Mutual Legal Assistance in Criminal Matters, signed May 26,
1999, as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union, signed June 25, 2003, signed at
Washington on January 18, 2006 (Treaty Doc. 109-13), subject to
the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
PROTOCOL ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED STATES OF
AMERICA AND THE REPUBLIC OF HUNGARY
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol to the Treaty between the Government of the United
States of America and the Government of the Republic of Hungary
on Mutual Legal Assistance in Criminal Matters signed December
1, 1994, as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, signed at Budapest
on November 15, 2005 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND IRELAND
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the Government of the United
States of America and the Government of Ireland on Mutual Legal
Assistance in Criminal Matters signed January 18, 2001, signed
at Dublin on July 14, 2005 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE ITALIAN REPUBLIC
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the United States of America
and the Italian Republic on Mutual Assistance in Criminal
Matters signed November 9, 1982, signed at Rome on May 3, 2006
(Treaty Doc. 109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF LATVIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol to the Treaty between the Government of the United
States of America and the Government of the Republic of Latvia
on Mutual Legal Assistance in Criminal Matters, signed at Riga
on December 7, 2005 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE PROTOCOL BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF LITHUANIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol on the application of the Agreement on Mutual Legal
Assistance between the United States of America and the
European Union to the Treaty between the Government of the
United States of America and the Government of the Republic of
Lithuania on Mutual Legal Assistance in Criminal Matters,
signed at Brussels on June 15, 2005 (Treaty Doc. 109-13),
subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE GRAND DUCHY OF LUXEMBOURG
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3, paragraph 2(a) of the
Agreement on Mutual Legal Assistance between the United States
of America and the European Union signed June 25, 2003, as to
the application of the Treaty between the Government of the
United States of America and the Government of the Grand Duchy
of Luxembourg on Mutual Legal Assistance in Criminal Matters
signed March 13, 1997, signed at Washington on February 1, 2005
(Treaty Doc. 109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE TREATY BETWEEN THE UNITED STATES OF AMERICA AND
MALTA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Treaty on Certain Aspects of Mutual Legal Assistance in
Criminal Matters between the Government of the United States of
America and the Government of Malta, signed at Valletta on May
18, 2006 (Treaty Doc. 109-13), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF THE NETHERLANDS
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Agreement comprising the Instrument as contemplated by Article
3(2) of the Agreement on Mutual Legal Assistance between the
United States of America and the European Union signed at
Washington on June 25, 2003, as to the application of the
Treaty between the United States of America and the Kingdom of
the Netherlands on Mutual Assistance in Criminal Matters signed
at The Hague on June 12, 1981, signed at The Hague on September
29, 2004, with a related exchange of notes signed the same date
(Treaty Doc. 109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF POLAND
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Agreement between the United States of America and the Republic
of Poland on the Application of the Treaty between the United
States of America and the Republic of Poland on Mutual Legal
Assistance in Criminal Matters signed July 10, 1996, pursuant
to Article 3(2) of the Agreement on Mutual Legal Assistance
between the United States of America and the European Union
signed at Washington June 25, 2003, signed at Warsaw on June 9,
2006 (Treaty Doc. 109-13), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE PORTUGUESE REPUBLIC
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument between the United States of America and the
Portuguese Republic as contemplated by Article 3(3) of the
Agreement on Mutual Legal Assistance between the United States
of America and the European Union signed June 25, 2003, signed
at Washington on July 14, 2005 (Treaty Doc. 109-13), subject to
the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
PROTOCOL TO THE TREATY ON MUTUAL LEGAL ASSISTANCE BETWEEN THE UNITED
STATES OF AMERICA AND ROMANIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Protocol to the Treaty between the United States of America and
Romania on Mutual Legal Assistance in Criminal Matters signed
in Washington on May 26, 1999, signed at Bucharest on September
10, 2007 (Treaty Doc. 110-11), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE SLOVAK REPUBLIC
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument between the United States of America and the Slovak
Republic, as contemplated by Article 3(3) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, signed at
Bratislava on February 6, 2006 (Treaty Doc. 109-13), subject to
the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE AGREEMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE REPUBLIC OF SLOVENIA
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Agreement between the Government of the United States of
America and the Government of the Republic of Slovenia
comprising the Instrument as contemplated by Article 3(3) of
the Agreement on Mutual Legal Assistance between the United
States of America and the European Union signed at Washington
on June 25, 2003, signed at Ljubljana on October 17, 2005
(Treaty Doc. 109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF SPAIN
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty on Mutual Legal Assistance in
Criminal Matters between the United States of America and the
Kingdom of Spain signed November 20, 1990, signed at Madrid on
December 17, 2004 (Treaty Doc. 109-13), subject to the
declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
TREATY BETWEEN THE UNITED STATES OF AMERICA AND THE KINGDOM OF SWEDEN
ON MUTUAL LEGAL ASSISTANCE IN CRIMINAL MATTERS
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Treaty between the Government of the United States of America
and the Government of the Kingdom of Sweden on Mutual Legal
Assistance in Criminal Matters, signed at Stockholm on December
17, 2001 (Treaty Doc. 107-12), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE KINGDOM OF SWEDEN
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the Government of the United
States of America and the Government of the Kingdom of Sweden
on Mutual Legal Assistance in Criminal Matters signed December
17, 2001, signed at Brussels on December 16, 2004 (Treaty Doc.
109-13), subject to the declaration of section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.
----------
MUTUAL LEGAL ASSISTANCE INSTRUMENT BETWEEN THE UNITED STATES OF AMERICA
AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND
Resolved (two-thirds of the Senators present concurring
therein),
SECTION 1. SENATE ADVICE AND CONSENT SUBJECT TO A DECLARATION
The Senate advises and consents to the ratification of the
Instrument as contemplated by Article 3(2) of the Agreement on
Mutual Legal Assistance between the United States of America
and the European Union signed June 25, 2003, as to the
application of the Treaty between the Government of the United
States of America and the Government of the United Kingdom of
Great Britain and Northern Ireland on Mutual Legal Assistance
in Criminal Matters signed January 6, 1994, signed at London on
December 16, 2004, with a related exchange of notes signed the
same date (Treaty Doc. 109-13), subject to the declaration of
section 2.
SECTION 2. DECLARATION
The advice and consent of the Senate under section 1 is
subject to the following declaration:
This Treaty is self-executing.